Terms & Conditions of Sale
Tharos Limited (Tharos)
You must read these Terms and Conditions of Sale carefully. By placing an order through the Tharos or AviNectar website (the Site), you confirm that you have read, understood and agree to these Terms and Conditions of Sale in their entirety. If you do not agree to these Terms and Conditions of Sale in their entirety, you must not order any product or service through the Site.
OPENING AN ACCOUNT AND PLACING AN ORDER
To place an order, you can open an account with us (Your Account), which will require you to provide some compulsory personal information.
Please see our Privacy Policy and Cookie Policy for more information on how your personal information will be used.
You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.
When you create Your Account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Site and/or to maintain Your Account security. It is your responsibility to maintain the confidentiality of your password and account information. Tharos shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us immediately. If Tharos is suspicious of any fraudulent activity coming from Your Account, it can reserve the right to refuse you access to Your Account and can delete the account.
When you order through the Site as a guest checkout you will still need to provide us with certain compulsory personal information in order for us to process your order. We will not store the details that you provide via guest checkout (save for processing your order, or if you have opted in to receive marketing emails from us). However, you can choose to register an account with us after submitting your order.
ACCEPTANCE OF YOUR ORDER
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we take payment from you and despatch the product(s) that you ordered from us. Prior to despatch of the product(s), Tharos has the right to decline an order for any reason, including legal and regulatory reasons.
The duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to return the product(s).
If we cannot supply you with the product(s) you ordered, we will not process your order and inform you of this by email. If you have already paid for the product(s), which we are unable to supply, we will refund you in full as soon as reasonably possible. If only part of your order cannot be supplied and the cost of the product(s) that we are able to supply is less than £50.00, standard delivery charges will apply.
PAYMENT
During the checkout process, you will be asked to enter your payment details. Payments are managed by Shopify the online platform used by Tharos. By completing your payment details you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed. Please note that Shopify collect and store your payment information, using an encrypted secure payment mechanism and will only use your payment information in accordance with its Privacy Policy, which can be found at https://www.shopify.com/legal/privacy.
Prices may change at any time prior to, but not after, acceptance of your order.
All card payments are subject to authorisation by your card issuer. We take full payment immediately for all products.
All products ordered will remain the property of Tharos until paid for in full and we have delivered the product(s) to the address specified by you. If your payment is not received and you have already received the product(s) you ordered from us, you must pay for or return those products to us in accordance with our return instructions in the same condition that you received them and at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any product(s) that are the subject of an unpaid order.
DELIVERY
UK Delivery
Delivery will be to the UK address specified in your order.
Free standard delivery applies within the UK for orders over £50 online in a single order delivered to a single address. The basket value is calculated inclusive of any other promotions.
We aim to dispatch standard delivery orders within 3 working days. In the event we are unable to do so, we will contact you by email and notify you of the soonest delivery date.
In the UK, delivery charge refunds can only be made in accordance with your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your statutory rights see “Your Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).
International Delivery
If you place an order to be delivered to a location other than Mainland UK, we will contact you to inform you of the carriage charges. If these charges are not accepted by you, the order will be cancelled and any payment made will be fully refunded.
Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, our products may not be available for delivery to certain destinations outside the UK. Tharos reserves the right to define what can and cannot be delivered to which destination.
Payment
Purchases will be made in Pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
Tharos products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.
Delays
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control. We will make every effort to keep you informed.
YOUR RIGHT TO CANCEL
If you are contracting with us as a consumer online, you have the right to cancel (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”)), all or part of your contract at any time up to 14 calendar days after the day on which you receive the product(s) you ordered.
If you wish to cancel a product you have ordered from us, please be aware that statutory rights of cancellation under the Regulations do not apply to certain products with a hygiene seal where the seal is broken.
Exercising your right to cancel
To exercise your right of cancellation, you must inform us of your decision to cancel the contract in writing within 14 calendar days after the day on which you receive the goods you ordered, which you can do by contacting us by email, phone or in writing.
You must take reasonable care of the goods while in your possession. You shall send back any goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the contract to us. The deadline is met if you send back any goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods to us. Any initial delivery charge will be included in your refund once we have received all (not part) of your order to the specified address below. Please note that the delivery charge refund will be to the value of standard delivery.
Products should be returned unopened in the original packaging.
You must return the goods to the following address:
Muntons PLC
Cedars Maltings,
Stowmarket,
Suffolk IP14 2AG UK
We will process your refund within 14 days of receipt of the product(s).
Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us.
RETURNED PRODUCTS LOST OR DAMAGED IN TRANSIT
If you choose to return any products to us whether under YOUR RIGHT TO CANCEL, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
SUBSCRIPTION ORDERS
If you sign up for a subscription service (Your Subscription), you will be entering into a [12] month contract and unless cancelled within 14 days of receiving your first order as set out under ‘Exercising your right to cancel’, you will be obliged to make at least 6 monthly payments. Thereafter, you can cancel Your Subscription through Your Account up to 14 days before the next payment is due.
LIABILITY
You are responsible for how you use product(s) purchased from Tharos. The product should be used per the recommended dose as stated on the packaging.
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages, which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions of Sale.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Terms and Conditions of Sale shall exclude or limit our liability for personal injury or death caused by our negligence or for fraud. In addition, these Terms and Conditions of Sale shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
Assignment and third party rights
We may update or amend these Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site.
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions of Sale to any third party at our discretion.
Only you and we shall be entitled to enforce these Terms and Conditions of Sale. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Severability
If any of these Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions of Sale shall remain in full force and effect.
Contact Details:
Tharos Limited
The Elms Courtyard
Bromesberrow
Ledbury
HR8 1RZ
Tel: +44 (0)1531 651230
Email: [email protected]